September 2012 Client Alerts

October 4, 2012

Authored by: Bryan Cave

Health Care Reform:  Guidance on Play or Pay and 90-Day Waiting Period

On August 31, 2012, the Departments of Labor, Treasury, and Health and Human Services jointly issued temporary guidance on two related health care reform issues:  (i) determining full-time status of employees for purposes of the employer “play or pay” penalty and (ii) implementation of the 90-day maximum waiting period adjustment.  As the two pieces of guidance refer to one another, it is important to understand them both.  To learn more about the guidance issued on these two health care reform issues, please click here to read the Alert published by the Employee Benefits and Executive Compensation Client Service Group on September 24, 2012.

U.S. Army Solicits $7 Billion in Renewable Energy Contracts

The US Army Engineering and Support Center is accepting bids for new renewable and alternative energy projects to provide electrical utility services to sites under the jurisdiction of the Department of Defense across the continental United States.  Up to $7 billion will be available over the course of 10 years to purchase energy produced by renewable and alternative projects to help the Department meet its mandate to produce or procure at least 25% of its total facility energy needs by the year 2025.  To learn more about the bidding process, please click here to read the Alert published by the Energy and National Resources Client Service Group on September 7, 2012.

With Recent Changes Issued by the CFPB, Final Remittance Transfer Regulations to Become Effective February 7, 2013

One provision of Dodd-Frank that generated comparatively little concern when it was passed was section 1073, “Remittance Transfers.”  Closer examination and subsequent issuance of regulations has now drawn scrutiny to this provision, which was already so detailed and lengthy when it was inserted into the Act that there was little room for modification by the CFPB when the bureau issued its implementing regulations.  To learn more about the provision and how to comply in time for the February 7, 2013 effective date, please click here to read the Alert published by the Financial Institutions Client Service Group on September 19, 2012.

Comments on the “Effects of Foreign Policy-Based Export Controls” submitted September 21, 2012

To read the comments submitted by Stanley J. Marcuss and George F. Murphy of the  International Trade Group on the foreign policy export controls maintained by the Bureau of Industry and Security, please click here.

A New Law on Sexual Harassment in France

Since the initial enactment of anti-sexual harassment legislation in France in 1992, sexual harassment was not only prohibited under the French Labor Code but was also a punishable offense under the Penal Code.  However, the definitions in the Labor Code and Penal Code were both vague and not entirely in sync, and the French Constitutional Counsel ruled them unconstitutional in May of this year.  In order that sexual harassment “not go unpunished,” the French Parliament has adopted a new law.  To read more, please click here for the Briefing published by the Labor and Employment Client Service Group (Paris) on September 24, 2012.

German Labor Law & HR 2/2012

For a discussion of the “Revolving Door Clause” included in the German Temporary Employment Act governing the use of employing temporary workers, please click here to read the Newsletter published by the Labor and Employment Client Service Group (Hamburg) on September 25, 2012.